Reprieve for Khurana too

Special hawala judge V B Gupta told a jam-packed courtroom that he did not find any evidence against the accused that could be converted into legal evidence and that the case of the prosecution “thus falls.”

The four Jain brothers, who have also been discharged in this case, are facing about 30 more cases, most of which are of similar nature.

Reading out the order in Tis Hazari courts, Gupta observed, “There is not an iota of allegation in the charge-sheet (against Khurana and the Jain brothers) regarding any entrustment of any property whatsoever. I hold that prima facie there is no evidence that can be converted into legal evidence and there is no evidence for framing of charges against any of the accused… All the accused are thereby discharged.”

According to the order, “There is no allegation nor is there any material on record to show that Khurana was entrusted with any property or he had dominion over any property or he had dishonestly used or disposed of that property.”

Referring to the High Court decision quashing BJP leader L K Advani’s case, Gupta said as per law, the appellate court directions were binding on the subordinate courts. He said, if the evidence (Jain diaries) were not admissible against Advani and V C Shukla, those could not be used against other accused.

He said the prosecution had even failed to show any evidence with regard to the alleged receipt of monies by the Jains for the purpose of disbursement to other persons.

“When there is no legal evidence against Khurana regarding the alleged receipt of payment of Rs three lakh, then no useful purpose will be served by going into the details of his identification as per the initials mentioned in the diaries,” Gupta observed.

The judge said that Khurana’s order for the extension of street lights to the farm house of the Jains in Mehrauli at the cost of Rs 37,605 when he was Chief Minister, could not be described as “criminal misconduct”.

He said it was obligatory for the corporation to provide lighting on public streets, adding that there was nothing on record to show that Khurana had obtained any pecuniary gain for this.

The delivery of the order was followed by a burst of applause from Khurana’s supporters in the room but that was quickly hushed by Khurana who held up his hand to control the crowd.

Once he was out of the room, Khurana was garlanded by his supporters. Among those present were Delhi Industry minister Harcharan Singh Balli, MLAs Madan Lal Gawa, O. P. Babbar, Hari Kishan, Bodhraj, Sabroop Rajan, Vinod Sharma and Motilal Sodi.

An ecstatic Khurana got on a platform inside the court premises and attempted to address the crowd, only to be rebuffed by lawyers that he could go out to do whatever he wanted.

A makeshift stage was erected for him and addressing hundreds of his supporters Khurana said, “I voluntarily resigned from my seat, I was not made to step down so I might even claim it back.” He said that now that the cases against him and Advani were quashed, it indicated that the hawala case was “politically motivated.”

He said the duration of the trial was like a test. He compared his conduct with that of former Prime Minister P V Narasimha Rao and Bihar Chief Minister Laloo Prasad Yadav.